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Licence Suspension *with A Twist


r34_boy
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In brief, got done 45k's over by HWP last year 31/07/08. (stupid, I know) immediate licence suspension for 6 months and licence taken away from me on the spot, fine of $1,674 and police notice of suspension issued from 31/07/08 to 31/01/09.

Appealed, waited for 5 months to be heard in local court (did not drive in that period, no licence). Fine was reduced to $500 (no previous fines/offences, not even a parking ticket) but court re-instated suspension for another 6 months effective from 01/12/08. Appeal to district court scheduled 18 Feb.

I have not driven and/or defaulted during this period.

Here are my problems;

1. Can I, under a suspension, have licence renewed (licence expired sometime in Dec) or get a new one?

2. I have done my time in terms of the police notice. At the court registry, one of the admins told me that I can drive from 31/01/09 to 18/02/09 legally due to the pending appeal.

3. A legal one, I have done the required time, I should legally be able backdate the suspension to the date of the original offence?

To do number 2, I'll need number 1. Has anyone else been in a similar situation?

Tks

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Here are my problems;

1. Can I, under a suspension, have licence renewed (licence expired sometime in Dec) or get a new one?

2. I have done my time in terms of the police notice. At the court registry, one of the admins told me that I can drive from 31/01/09 to 18/02/09 legally due to the pending appeal.

3. A legal one, I have done the required time, I should legally be able backdate the suspension to the date of the original offence?

To do number 2, I'll need number 1. Has anyone else been in a similar situation?

Tks

You can not apply for, or renew a licence whilst your on a suspension. So that answers one and two.

Three. No. You have only met the requirement of the police suspension. If you had served that then your licence would be eligible for renewal. The courts have issued a new date for it to be completed in May 09. You should contact the RTA and inquire as to whether the suspension has been lifted due to the appeal. If this is the case then they may allow you to renew it and allow you to drive for the time up until the appeal is heard.

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If you appeal the suspension you should be allowed to drive during that time because of the pending appeal. I went through this and was allowed to drive up until my court date. Not sure if its any different for a speeding offence that big.

The time waiting for the appeal does not count as suspension time so I don't think you will be able to back date the suspension. You'll just have to wear it.

Not sure on the license renewal thing but I doubt you will be able to if you are suspended.

As people have said above all of these questions will be answered quickly by the RTA, Police etc..

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That's weird that the court added another 6 months on? Usually they back-date it, taking into account what time you've already served.

He hadn't effectively served any time. As soon as that appeal was lodged, the punishment was to be then made/reviewed by the court, effectively "holding" the decision made by the issuing officer.

Looks like your in for another stint mate, suck, but atleast you'll save some more cash on fuel :(

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  • 1 month later...
In brief, got done 45k's over by HWP last year 31/07/08. (stupid, I know) immediate licence suspension for 6 months and licence taken away from me on the spot, fine of $1,674 and police notice of suspension issued from 31/07/08 to 31/01/09.

Appealed, waited for 5 months to be heard in local court (did not drive in that period, no licence). Fine was reduced to $500 (no previous fines/offences, not even a parking ticket) but court re-instated suspension for another 6 months effective from 01/12/08. Appeal to district court scheduled 18 Feb.

I have not driven and/or defaulted during this period.

Here are my problems;

1. Can I, under a suspension, have licence renewed (licence expired sometime in Dec) or get a new one?

2. I have done my time in terms of the police notice. At the court registry, one of the admins told me that I can drive from 31/01/09 to 18/02/09 legally due to the pending appeal.

3. A legal one, I have done the required time, I should legally be able backdate the suspension to the date of the original offence?

To do number 2, I'll need number 1. Has anyone else been in a similar situation?

Tks

Hi Mate

I have just had a same situation today. I was speeding 45k's over the limit, got immediate licence suspension for 6 months and licence taken away from me on the spot, fine of $1,674 and police notice of suspension issued from 24/03/09 to 22/09/09.

I am thinking to appeal to the court. (Can't afford to pay $1,674 and loose the license). You mentioned that your fine was reduced. Can you please advice me on how to make my case. I have not had any driving fines before. My history is fully clean (just like you). What do you suggest . Please help.

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there is a problem in that court/police penalties seem to be completely separate from any RTA sanctions/penalties.

a recent case was a guy I knew who had a fine with demerit points imposed by a police officer. he took it to court and won. he did not have to pay the fine, and the court found him not guilty, but the RTA still added demerit points to his licence and would not remove them. he asked the court and they advised that they were powerless over the RTA?!? weird one.

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This came around due to the courts returning points to people even though fines were imposed. There was a complaint put forward and the power to affect points was revoked from the magistrates. This has been the case now for several years.

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So, to sumarize; You can be found not guilty of an alleged traffic offence by a legitimate court in this state, have the fines overturned, and yet the RTA still takes a bite out of your arse in the form of points accrued for an offence you've been cleared of? What kind of machiavelian horse-shit is that?

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There would no doubt be two sides to this story.

The RTA has no power to impose points for an offence that has been dismissed (Eg: Police do not reach Pima Facie evidence so they lose).

The difference would be that the matter would have been dealt with under Section 10 of the Justices Act, where the matter is proven and dismissed. This is where you are found guilty but the magistrate will not impose a fine. In this case you will still lose the points as you have been convicted.

Most people hear the magistrate say somethign like "I find the matter proven and dismissed. No fine will be imposed" or words to that effect and take it that they won. Not so.

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Not necessarily.

In SA, if you can prove an offense to be trifling, the magistrate has the power to reduce or remove all the demerit points from the fine.

Here's a extract from the Motor Vehicles Act, 1959.

2 Demerit points

2.1 Reduction for particular offence - sn 98b(4)

Section 98b(4) provides:-

If a court by which a person is convicted of an offence is satisfied by evidence given on oath forthwith on conviction that the offence is trifling, or that any other proper cause exists, it may order that a reduced number of demerit points, or no demerit points, are incurred by the person in respect of that offence.

There are a number of matters that need to be remembered in such a case:-

2.1.1 The application must be made to the Court which convicts the defendant. The Court means the Court as constituted by a particular Magistrate or Justices of the Peace.

2.1.2 The application must be made forthwith upon conviction.

2.1.3 It must be supported by evidence on oath. It cannot be made by submissions from counsel.

2.1.4 The Court must be satisfied either that the offence is trifling or that other just cause exists. Other proper cause refers to a cause associated with the offence, not the offender. The fact that a convicted person would suffer hardship from the recording of demerit points is not a proper cause (Kramer v Morris (1975) 11 SASR 305) nor is the fact that the demerit points recorded will cause the defendant's total points to exceed 12 and therefore render him liable to disqualification (Shillabeer v Linnane (1979) 22 SASR 382 and Hepworth v Rowbottom (1979) 22 SASR 394).

2.1.5 The Court may either order that no points be recorded or that a reduced number be recorded. It must be an order as the only power that the Registrar has to record less than the full number of demerit points is upon an order of the Court.

2.1.6 If an application is granted the file should be endorsed along the following lines:

Application to reduce points made. Evidence taken. ORDER that the number of demerit points recorded for this offence be reduced to ....(or that no demerit points be recorded for this offence).

http://www.courts.sa.gov.au/lawyers/magist...ehicles_act.htm

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Not necessarily.

In SA, if you can prove an offense to be trifling, the magistrate has the power to reduce or remove all the demerit points from the fine.

Not much good for him seeing he was done in NSW.

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theres nothing u can do buddy,

trust me between me and my mates we have paid for half the roads in victoria with all our suspensions (not proud by the way just easliy egged on in the past i havent been pulled over or even gone past the speed linit since december when i got my my licence back from a 2 year supsension)

ive seen at least 15 challenges be knocked back by the courts.some of them evebn had really really expensive lawyers like 300 - 400 per hour guys. u were 45 over the limit they dont really care about u having a good driving record 45 over is f**king heaps.

good luck but i doubt u will get very far

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